Bid Notice-Earl Warren Park Playground Replacement.pdf

Department of Youth, Parks & Community Enrichment Contracts and Compliance Services

915 I Street, 3rd Floor Sacramento, CA 95814

INVITATION TO BID / CONTRACT SPECIFICATIONS

Earl Warren Park Playground Replacement

(PN: L19119600)

Bid #B26191121027

Project Manager – Levi Rynearson

Estimated Construction Cost: $114,515.00 Construction Time: 30 Working Days

Electronic Bid Proposals to be submitted and uploaded to PlanetBids before 2:00 PM on August 13, 2026

Online only at http://www.planetbids.com/portal/portal.cfm?CompanyID=15300#

QUESTIONS AND RESOLUTION OF DISCREPANCIES

No oral representations or interpretation will be made to any bidder as to the meaning of the contract documents. Request for interpretation/questions shall be made in writing through the Q&A tab in PlanetBids only no later than August 6, 2026 prior to 2PM .

http://www.planetbids.com/portal/portal.cfm?CompanyID=15300#

Interpretation, where necessary, will be made by the City in the Q&A tab of PlanetBids or in the form of an addendum to the contract documents, and when issued, will be sent as promptly as is practical to all parties to whom the bid documents have been issued via PlanetBids. All such addenda shall become part of the contract.

TABLE OF CONTENTS

# of Pages Invitation to Bid 2 Summary of Community Workforce and Training Agreement Requirements 2 Labor Compliance Requirements 5 AB626 Fact Sheet 6 Ban the Box Requirements 2 Pay Request Application Process 1

BID FORMS TO BE FILLED OUT BY CONTRACTOR

Bid Proposal Checklist 1 Bid Proposal Guarantee 1 Bid Proposal Form 3 Local Business Enterprise (LBE) Requirements & Applicable Status Area’s & Participation Verification Forms 7 Drug Free Workplace Policy and Affidavit 1 Minimum Qualifications Questionnaire 6

SAMPLE FORMS TO BE FILLED OUT BY CONTRACTOR IF AWARDED CONTRACT

Agreement (Construction Contract Over $25,000 Rev. 11/12/2025) 19 Performance Bond 1 Payment Bond 1 Worker’s Compensation Certification 1 Construction & Demolition Debris Recycling Requirements (if over $250,000) 6 Community Workforce and Training Agreement (if over $1,000,000) 33 Non-Discrimination in Employee Benefits Ordinance Certification 7 Guarantee 1 Special Provisions 19 Plans 4

Invitation to Bid

(Solicitations $25,000-$250,000)

(REV. 12/15/2020)

Electronic Bid Proposals will be received by the City of Sacramento for:

online only at http://www.planetbids.com/portal/portal.cfm?CompanyID=15300#, prior to 2:00 PM on August 13, 2026. Results will be posted after the bid closure date at the link above.

Official electronic copies of the solicitation documents can be obtained only from the City of Sacramento’s official web bid page:

http://www.planetbids.com/portal/portal.cfm?CompanyID=15300#

Any additional information (addendums, Q&A, etc) pertaining to this solicitation will also be found at the above official link. Solicitation information obtained from third party sources will not be considered official and will not fulfill a bidder’s responsibility for accessing all official solicitation information as posted on our official site at the link above. Documents obtained from third party sources may be incomplete, resulting in response that is rejected as incomplete and non-responsive. There are no costs to register as a vendor or to view or download the plans and specifications from this official link.

Bid Proposals received and work performed thereunder shall comply with the requirements of Chapter

3.60 of the Sacramento City Code and the City’s Standard Specifications in addition to the solicitation documents. The right to reject Bid Proposals or to waive any error or omission in any Bid Proposal received is reserved by the City.

Contractors and all subcontractors shall comply with the requirement to pay prevailing wages at the rates currently established by the Director of Industrial Relations under provisions of Sections 1773 of the Labor Code of the State of California, a copy of which is on on-line at https://www.dir.ca.gov/OPRL/2020- 2/PWD/Northern.html and on file in the office of the City Clerk. In accordance with Sacramento City Code Section 3.60.180 and Section 1771.5 of the California Labor Code, the payment of the general prevailing rate of per diem wages or the general prevailing rate of per diem wages for holiday and overtime is not required for any Public Construction project of $25,000 or less, or Public Maintenance project of $15,000 or less. Electronic Web submittal of Labor Compliance Reports is required. Each contractor and every lower-tier subcontractor is required to submit certified payrolls and labor compliance documentation electronically using LCP Tracker software or other procedures at the discretion of and in the manner specified by the City of Sacramento. Each contractor and subcontractor will be given a Log On identification and password to access the City of Sacramento reporting system. Use of the system may entail additional data entry of weekly payroll information including; employee identification, labor classification, total hours worked and hours worked on this project, wage and benefit rates paid, etc.

All labor compliance requirements must be met by all contractors, sub-contractors, and sub-tier contractors. Failure to meet the labor compliance requirements will result in your pay request or invoice being rejected. No payment shall be made by the City until full compliance has been met.

Partial payments/partial withholdings will not be authorized.

These requirements will be ‘flowed down’ to every lower-tier subcontractor and vendor required to provide labor compliance documentation.

All questions regarding the labor compliance requirements should be directed to Contracts Services at Rtrujillo@cityofsacramento.org.

Department of Industrial Relations Registration and Reporting Requirements (SB 854)

Invitation to Bid

(Solicitations $25,000-$250,000)

(REV. 12/15/2020)

Labor Code Section 1725.5 requires all contractors bidding on this contract, all subcontractors listed in a bid for this contract, and any contractor or subcontractor performing any work under this contract, to be currently registered with the California Department of Industrial Relations (DIR), as specified in Labor Code Section 1725.5. Labor Code Section 1771.1 provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal (subject to the requirements of Section 4104 of the Public Contract Code), or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Every bidding contractor shall list the contractor’s current DIR registration number, and the current DIR registration number of all listed subcontractors, on the Subcontractor and Local Business Enterprise (LBE) Participation Verification Form included in the contractor’s bid.

Pursuant to Labor Code Section 1771.1(b): (1) any bid received from a contractor that is not currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5 shall be rejected as non-responsive; and (2) any bid listing one or more subcontractors on the bidder’s Subcontractor and Supplier Form that are not currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5, shall be rejected as non-responsive, unless the listing was an inadvertent error and any of the conditions specified in Labor Code Section 1771.1(c) apply.

This contract also is subject to compliance monitoring and enforcement by the DIR. California Labor Code Section 1771.4 requires the contractor and all subcontractors to furnish electronic payroll records directly to the DIR Labor Commissioner (in addition to City staff via the City’s electronic system).

For more information regarding DIR registration and reporting requirements visit:

https://www.dir.ca.gov/Public-Works/Contractors.html

Pursuant to Sacramento City Code Section 3.60.250, any contract awarded pursuant to this Invitation to Bid shall contain a provision permitting the substitution of securities for any monies withheld to ensure performance under the contract. The terms of such provisions shall be according to the requirements and the form required by the City.

Bid protests must be filled in accordance with the provisions of Sections 3.60.460 through 3.60.560 of the Sacramento City Code. Bid protests that do not comply with Sections 3.60.460 through 3.60.500 of the Sacramento City Code shall be invalid and shall not be considered. A bid protest fee of $750.00 is required at the time of filing to be considered valid in accordance with City of Sacramento Resolution No.

2003-231 dated April 29, 2003. As used herein, the term "bid protest" includes any bid protest that (1) claims that one or more bidders on this contract should be disqualified or rejected for any reason, or (2) contests a City staff recommendation to award this contract to a particular bidder, or (3) contests a City staff recommendation to disqualify or reject one or more bidders on this contract. A copy of Sections

3.60.460 through 3.60.560 of the Sacramento City Code may be obtained online at http://www.qcode.us/codes/sacramento/ or from the Project Manager, or from the City Clerk, located at 915 I Street, Sacramento, CA 95814.

LABOR COMPLIANCE REQUIREMENTS

A summary of the labor compliance requirements will be presented at the pre-construction meeting. However, please read the attached documents relating to the labor compliance requirements and expectations for this project. You will be required to sign the labor compliance acknowledgment at the pre-construction meeting if you are awarded the project. For any questions regarding these requirements, please contact Patricia Saylor at PSaylor@shconsultants.org.

Each contractor and subcontractor (at all levels/tiers) is required to submit certified payrolls and labor compliance documentation electronically at the discretion of and in the manner specified by, the City of Sacramento.

Electronic submittal will be through a web-based system, accessed on the World Wide Web by a web browser. Each contractor and subcontractor will be given a Log On identification and password to access the City of Sacramento reporting system, currently LCPTracker.

Use of the system may entail additional data entry of weekly payroll information including;

employee identification, labor classification, total hours worked and hours worked on this project, wage and benefit rates paid, etc. It is the responsibility of the contractor and subcontractors to manually enter their data into LCPtracker if their payroll system doesn’t transfer directly to LCPtracker, meeting the required deadlines for those documents.

This requirement ‘flows down’ to every lower-tier subcontractor and vendor required to provide labor compliance documentation.

All labor compliance requirements must be met by all contractors, sub-contractors, and sub-tier contractors. Failure to meet the labor compliance requirements will result in your pay request or invoice being rejected. No payment shall be made by the City until full compliance has been met. Partial payments/partial withholdings will not be authorized.

This form must be signed by the Prime Contractor and all subcontractors.

Public Works Contractor Responsibilities

• Register as a public works contractor prior to bidding or working on this project

• Pay prevailing wages

• Follow apprenticeship requirements

• Maintain and submit certified payroll records

Pursuant to Labor Code Section 1776 (h), the City of Sacramento will impose penalties of $100 per day per worker for each day the documentation that is requested is considered late (beyond the 10 days from when notice is given), even if the information you eventually submit is found to be correct. All requested documentation must be uploaded to LCPtracker.

Prevailing Wage Requirements

• State Prevailing Wage Determinations https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm

* Single asterisk indicates that this wage determination can be used for the life of the contract.

**Double asterisk indicates that this wage determination includes predetermined increases.

• All workers employed in the execution of a public works project, including sole proprietors, partners, and corporate officers, must be paid not less than the specified prevailing wage rates for the type of work performed. Reference: Labor Code 1774

• Overtime must be paid for all hours over 8 in a calendar day and 40 hours in a week. Violations may subject the contractor to a state penalty of $25 per day per worker. References: Labor Code 1810-1815

• Saturday/Sunday premium rates are applicable as indicated on prevailing wage determinations.

• When required, shift differential rates must be paid for classifications which include a shift determination.

• Subsistence/Zone pay must be shown on the fringe benefit statement if not shown on certified payroll.

The contractor must make applicable travel and subsistence payments in accordance with Department of Industrial Relations wage determinations. Reference: Labor Code 1773.1

• Prevailing wage determinations and other job site postings are mandatory to be posted at the job site for workers review. Reference: Labor Code 1773.2 https://www.dir.ca.gov/wpnodb.html

• Contractors violating prevailing wage requirements are subject to a penalty of up to $200 per day per worker, paid in addition to any wage underpayments. Liquidated damages in the amount of the wage underpayments may also apply. Reference: Labor Code 1775

Apprenticeship Requirements https://www.dir.ca.gov/Public-Works/Apprentices.html https://www.dir.ca.gov/DAS/DASApprenticesOnPublicWorksSummaryOfRequirements.htm https://www.dir.ca.gov/DAS/PublicWorksForms.htm

• DAS140 - Submit contract award information for each craft required on the project using the DAS 140 form https://www.dir.ca.gov/DAS/DASForm140.pdf The DAS140 must be submitted to the applicable committee(s) within 10 days of the date of the prime or subcontract but in no event later than the first day the contractor has workers employed on the public works project. This form must be uploaded to LCPtracker with proof of service. Proof of service must be certified mail or email receipt only.

Earl Warren Park Playground Replacement (PN: L19119600) Bid #B26191121027

Labor Compliance Requirements o If you are approved to train apprentices, you must send the contract award information to your apprenticeship committee.

o If you are not approved to train apprentices, you must send the DAS 140 to EVERY apprenticeship committee in the geographic area of the public works project that can supply apprentices to the site of the public works project.

• DAS 142 - Contact the applicable apprenticeship committee to request apprentices for each craft or trade on your project using the DAS 142 form. https://www.dir.ca.gov/DAS/DASForm142.pdf The form must be submitted at least three business days before apprentices are required. This form must be uploaded to LCPtracker with proof of service. Proof of service must be certified mail or email receipt only.

• Employ apprentices in the correct ratio. Be sure to employ one hour of apprentice work for every five hours performed by a journeyman level worker. Complaints or violations regarding apprentice ratios will be referred to the DAS. Reference CCR 16434 (c).

• Proof of registration in a California approved apprenticeship program is required for all apprentices and must be uploaded to LCPtracker with the first payroll on which the apprentice appears. Once uploaded, you must request an apprentice approval from the City’s Labor Compliance Officer before your payroll can be submitted. https://www.dir.ca.gov/DAS/appcertpw/AppCertSearch.asp Reference: Labor Code 1777.5

• CAC2 - Make training fund contributions in the amount established in the prevailing wage rate – either to the applicable apprenticeship committee, or the California Apprenticeship Council (CAC).

https://www.dir.ca.gov/DAS/tf/cac2.asp Training Fund Contributions are due on the 15th of each month.

This form must be uploaded to LCPtracker.

• Proof of Training Fund Contributions - Proof of training fund payment must be uploaded to LCPtracker and is due on the 15th of the following month. Acceptable proof is a Union status letter, copy of cashed check (front and back) or a letter from the CAC. The letter from the CAC can be obtained by visiting https://www.dir.ca.gov/CAC/trainingfund/Tfsearch.html

Certified Payroll Records

• Certified Payroll Reports (CPR’s) Contractors and subcontractors are required to submit CPR’s to the City using LCPTracker and to the Labor Commissioner using DIR's electronic certified payroll reporting system. Payroll must be at least bi-weekly, and CPR’s are due within ten (10) days of pay period end date.

CPR’s shall contain the same information for compliance with LC § 1776. https://www.dir.ca.gov/Public- Works/Certified-Payroll-Reporting.html

• Non-Performance Payroll Report If there is five or more consecutive non-workdays within any single pay period you must submit a non-performance CPR. Payroll must be at least bi-weekly and Non- Performance CPR’s are due within ten (10) days of pay period end date.

• Fringe Benefit Statement: A fringe benefit statement breaking down fringes paid in cash or contributions to plans/programs are due with first certified payroll report and anytime the fringe benefits change. If paying to a program, list the program information. Documentation that the amount stated on the fringe benefit statement is being paid on the employees’ behalf may be requested for validation.

• Other Deductions –Any “other deductions” listed on a CPR needs to be explained on the CPR and must be expressly authorized in writing by the employee. Letter of deduction authorization must be uploaded to LCPtracker. If a court order mandates the deductions, upload a copy of the order to LCPTracker.

Use and Listing of Subcontractors & Suppliers The prime contractor is responsible for work performed and compliance met by all subcontractors. The Prime Contractor shall perform with its own organization and with the assistance of workers under its immediate superintendence, work of a value not less than twenty percent (20%) of the value of all work in the contract.

The Subletting and Subcontracting Fair Practices Act requires prime contractors to list, at bid time, all subcontractors (including concrete deliveries) who will perform work in excess of one-half of one percent of the total bid amount or $10,000, whichever is greater. For building projects, subcontractors who will perform work in excess of one-half of one percent must be listed. The prime must use those subs as listed at bid time unless a written substitution is requested and approved in writing by the Contracts Specialist and Project Manager before substitution. References: Public Contract Code 4100-4114; Standard Specifications 5, Control of Work

Failure to comply with the requirements of the Subletting and Subcontracting Fair Practices Act may result in a penalty of 0-10 percent of the subcontract involved and a referral to the Contractors State License Board.

Reference: Public Contract Code 4110-4111

• PW300 All contractors, subcontractors, sub-tier contractors (including concrete delivery companies) are required to submit a PW300 form prior to start of work listing all their subcontractors and suppliers hired to perform work or supply product for the project. Anytime a change is made a new PW300 form must be submitted.

Pay Requests

The City will draft monthly pay request on the 20th of each month for work performed thru the 20th of each month. The City inspector will meet with the contractor to agree on quantities for work performed thru the 20th of each month. The City inspector will fill in the quantities agreed upon, have the contractor sign the draft and the inspector will sign the draft. The City inspector will return the draft to the Contracts & Compliance Specialist for labor compliance review no later than the 25th of each month. If labor compliance is required and has not been met, the Labor Compliance Officer will email the contractor with a list of deficiencies that must be resolved before payment can be approved. By signing below, it is understood that all labor compliance requirements must be met by all contractors, sub-contractors, and sub-tier contractors and failure to meet the labor compliance requirements will result in your pay request or invoice being rejected. No payment shall be made by the City until full compliance has been met. Partial payments/partial withholdings will not be authorized. Once labor compliance has been cleared, upon approval by the Labor Compliance Officer, a final pay request will be routed by the City for signatures and processing. The Labor Compliance Officer will upload a copy of the final signed pay request to LCPTracker.

Completion of Project

• Form 264 The Contractor Notification of Completion must be uploaded into LCPTracker. This form is due at the end of the project once all punch list items have been completed and the NOC has been requested to be filed.

In accordance with city policy and contract documents, the undersigned contractor herein certifies that it will comply with the foregoing prevailing wage requirements; and fully understands that failure to comply with these requirements will subject it to the penalties cited herein.

Contractor Signature Contractor Printed Name

Title Date

All of the forms discussed in this document can be found in LCPTracker under the eDocuments tab.

Prevailing Wages

You must be paid not less than the wage rates listed in the Department of Industrial Relations wage decisions posted with this notice for the work you perform.

Overtime

You must be paid not less than the overtime rates listed in the Department of Industrial Relations wage decisions posted with this notice for the work you perform.

Enforcement

Contract payment can be withheld to ensure workers receive wages and overtime pay due. A contractor who falsifies certified payroll records or induces wage kickbacks may be subject to civil or criminal prosecution, fines and/or imprisonment.

Apprentices

Apprentice rates apply only to apprentices properly registered under the State of California apprenticeship programs.

Who to Call for Questions

If you do not receive proper pay for the work you perform, or require further information on the applicable wages, contact the Labor Compliance Officer listed below:

For Labor Compliance Questions or Concerns for the above referenced project, please contact:

This notice must be posted on the job site at all times with the required job postings and DIR wage determinations associated with this project.

Rachel Trujillo Contract and Compliance Specialist Park, Planning, and Development Services Department of Youth, Parks & Community Enrichment City of Sacramento

p. (916) 808-6020

e. rtrujillo@cityofsacramento.org

NOTICE REGARDING ASSEMBLY BILL 626

Assembly Bill 626 (AB 626), signed into law September 29, 2016, established a new claim resolution process for public works project contracts entered into on or after January 1, 2017.

AB 626 is codified in Section 9204 of the California Public Contract Code. Section 9204 remains in effect until January 1, 2020, and as of that date will be repealed unless another statute extends or deletes this sunset date.

Public Contract Code Section 9204 applies to any “claim,” as defined in Section 9204, which is presented by the Contractor to the City. Section 9204 defines a “claim” as a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (1) a time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City; (2) payment by the City of money or damages arising from work done by, or on behalf of, the Contractor pursuant to the Contract and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled; or (3) payment of an amount that is disputed by the City.

If Contractor presents a claim to the City in accordance with the provisions of Public Contract

Code Section 9204 (hereafter referred to as a “Claim”), the process specified in Section 9204 will be followed, and the provisions of Section 4-8 (Disputed Claims) and Section 4-9 (Review by

Claim Review Committee and Issuance of Decision by Department Director) of the City’s

Standard Specifications for Public Construction will not apply to the Claim. Contractor’s Claim shall comply with the provisions of Section 4-7 (Notice of Claims for Additional Compensation or Damages) of the City’s Standard Specifications or Contractor shall give a separate written notice of potential claim that complies with the requirements specified in Section 4-7, except in any case where compliance with the requirements specified in Section 4-7 would conflict with

Public Contract Code Section 9204.

Subsection (e) of Public Contract Code Section 9204 requires that the text of Section 9204 or a summary be set forth in the plans or specifications for any public works project that may give rise to a claim under Section 9204.

The full text of Public Contract Code Section 9204 is as follows:

9204.

(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.

NOTE: AB 456 EXTENDS THE OPERATION OF THIS CLAIM RESOLUTION PROCESS UNTIL JANUARY 1, 2027

(b) Notwithstanding any other law, including, but not limited to, Article 7.1

(commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10

(commencing with Section 19100) of Part 2, and Article 1.5 (commencing with

Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project.

(c) For purposes of this section:

(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:

(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project.

(B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.

(C) Payment of an amount that is disputed by the public entity.

(2) “Contractor” means any type of contractor within the meaning of Chapter 9

(commencing with Section 7000) of Division 3 of the Business and Professions

Code who has entered into a direct contract with a public entity for a public works project.

(3) (A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.

(B) “Public entity” shall not include the following:

(i) The Department of Water Resources as to any project under the jurisdiction of that department.

(ii) The Department of Transportation as to any project under the jurisdiction of that department.

(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.

(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of

Title 7 of Part 3 of the Penal Code.

(v) The Military Department as to any project under the jurisdiction of that department.

(vi) The Department of General Services as to all other projects.

(vii) The High-Speed Rail Authority.

(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.

(5) “Subcontractor” means any type of contractor within the meaning of Chapter

9 (commencing with Section 7000) of Division 3 of the Business and Professions

Code who either is in direct contract with a contractor or is a lower tier subcontractor.

(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.

(B) The claimant shall furnish reasonable documentation to support the claim.

(C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.

(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.

(2) (A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.

(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.

(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration

Program, if mediation under this section does not resolve the parties’ dispute.

(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.

(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.

(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.

(e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section.

(f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.

(g) This section applies to contracts entered into on or after January 1, 2017.

(h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.

(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.

NOTE: AB 456 EXTENDS THE OPERATION OF THIS CLAIM RESOLUTION PROCESS UNTIL JANUARY 1, 2027

PROGRESS PAYMENT PROCEDURES

Monthly Pay Request Processing Procedures

BID PROPOSAL FORMS

PLEASE REMOVE AND COMPLETE THE FOLLOWING DOCUMENTS AND

SUBMIT AS THE BID PROPOSAL PACKAGE

BID PROPOSAL CHECKLIST

Contractor Name:

When submitting your bid, please do not use any binding materials such as staples, paper clips, binder clips, post-its, or tabs.

Bid Proposal Checklist

Bid Proposal Guarantee form with bid security of at least 10% of the total sum of the bid proposal

Bid Proposal Form

Drug Free Workplace Policy and Affidavit

Minimum Qualifications Questionnaire

LBE Participation & Subcontractor/Supplier Verification Forms

LBE Requirement (bids over $250k): To be eligible for award of this contract, the bidder shall list the business entities used to attain the 5% LBE requirement. Additionally, the bidder shall list all other subcontractors who perform work, render service, or provide materials in an amount in excess of one-half of 1 percent of the total bid amount. In the case of bids for the construction of streets and highways, including bridges, subcontractors whose subcontract value exceeds one-half of 1 percent of the total bid or ten thousand dollars ($10,000), whichever is greater, shall be listed.

Estimated dollar values shall be provided for all work, services or materials listed. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. The failure to attain the 5% LBE participation or the inclusion of false information or the omission of required information will render the bid non-responsive.

LBE Preference (bids under $250k): To be eligible for award of this contract, the bidder shall list all subcontractors who perform work, render service, or provide materials in an amount in excess of one-half of 1 percent of the total bid amount. In the case of bids for the construction of streets and highways, including bridges, subcontractors whose subcontract value exceeds one-half of 1 percent of the total bid or ten thousand dollars ($10,000), whichever is greater, shall be listed. Estimated dollar values shall be provided for all work, services or materials listed. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. The inclusion of false information or the omission of required information will render the bid non-responsive. To be eligible for the LBE preference points, the prime must qualify as an LBE. Subcontractors & suppliers do not count towards the LBE preference points.

Additionally, per CA Contract Code 4104, the bidder shall list all business names, location of the place of business, California contractor license number, and DIR public works contractor registration number of each subcontractor who will perform work or labor or render service to the prime contractor in an amount in excess of one-half of 1 percent of the prime contractor’s total bid.

CA Contract Code 4106 states that if a prime contractor fails to specify a subcontractor or if a prime contractor specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of 1 percent of the prime contractor’s total bid, the prime contractor agrees that he or she is fully qualified to perform that portion himself or herself, and that the prime contractor shall perform that portion himself or herself.

If after award of contract, the prime contractor subcontracts, except as provided for in Sections 4107 or 4109, any such portion of the work, the prime contractor shall be subject to the penalties named in Section 4111.

BID PROPOSAL GUARANTEE

(Seal) Revised: 2020

OBLIGATION: We, the Principal and the Surety, bind ourselves, our heirs, executors, administrators and successors, jointly and severally, to the City of Sacramento (“City”) as Obligee for the penal sum of ten percent (10%) of the total amount of the Principal’s bid proposal submitted to the City for the project described below, to guarantee that Principal will accept the City’s award of the project contract.

THE CONDITION OF THIS OBLIGATION IS -

That if the Principal has submitted a bid proposal to the City by the bid proposal due date as set forth in the invitation to bid, which date may be extended by City, for the project described as follows:

AND if the City awards the contract for the project to the Principal within the time and manner required under the invitation to bid, and the Principal (i) enters into a written contract, in the prescribed form, in accordance with the bid proposal, (ii) files two bonds with the City to guarantee faithful performance and payment for labor and materials, and (iii) files the required insurance policies with the City, all as required by the invitation to bid or by law, then the obligation shall be null and void; otherwise it shall be and remain in full force and effect. The Surety agrees that this obligation is not impaired by any extensions of the time for the award of the contract Principal may grant to City, and any notice to Surety of such time extension is waived. In the event suit is brought upon this bond by the Obligee and judgment is recovered, the Surety shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fee to be fixed by the court, which sums shall be additional to the principal amount of this bond.

IN WITNESS WHEREOF, Surety has executed this Bid Proposal Guarantee on the day set forth in the attached notary acknowledgment. Attach Surety power of attorney form to verify signator’s authority.

Principal/Contractor: Surety:

By:_________________________________ By: ______________________________ Name: Name:

Title: ________________________________ Title:_______________________________

PRINCIPAL (Contractor legal name and business address)

Type of Organization (“X” one) � Individual � Partnership

� Corporation � Limited Liability Co.

� Other: _______________________

State of Organization formation:

SURETY (Name and business address,) (agent name and phone number) a corporation duly organized under the laws of the State of and duly licensed to issue this bond as authorized by the State of California. California License No. __________________________________

Bid Proposal

Rev 2-15-2022

TO THE HONORABLE CITY COUNCIL, SACRAMENTO, CALIFORNIA: In compliance with the Contract Documents, the undersigned hereby proposes to furnish all required labor, materials, supervision, transportation, equipment, services, taxes and incidentals required for:

(PN: L19116900, Bid #B26191121027) in the City and County of Sacramento, California. The Work is to be done in strict conformity with the Contract Documents now on file in the Office of the City Clerk, for the following sum:

Item No.

Item QTY

Unit

Unit Price

Total

1 Temporary Construction Fence 1 LS LUMP SUM $

2 Demolition 1 LS LUMP SUM $

3 Site Staking 1 LS LUMP SUM $

4 Aggregate Base 1 LS LUMP SUM $

5 Concrete Flatwork 1 LS LUMP SUM $

6 Play Area Access Ramp 1 LS LUMP SUM $

7 Play Equipment to Install (City to purchase) 1 LS LUMP SUM $

8 Installation of 2-Bay Arch Belt Swings (City to purchase)

1 LS LUMP SUM $

9 Swing Mats to Install 1 LS LUMP SUM $

10 Playground Wood Fiber to Place 1 LS LUMP SUM $

11 Turf Hydroseeding for Wood Fiber Storage Area 1 LS LUMP SUM $

BASE BID TOTAL $

GRAND TOTAL $

The undersigned agrees to execute the Agreement and provide City the executed Agreement, the required insurance certificates, endorsements, and waivers of subrogation, and the required surety bonds within ten (10) calendar days after the undersigned’s receipt of the City’s notice that the undersigned will be recommended for Contract award and prior to award of the Contract by the City Council. It is understood that this Bid Proposal is based upon completion of the Work within a period of Thirty (30) working days and Zero (0) days for plant establishment, commencing on the date set forth in the written Notice to Proceed issued by the City to the Contractor. The Contractor is hereby notified and reminded that per City Contract requirements, the City will issue a Notice to Proceed within 15 calendar days of execution of contract by City.

Contract workdays will start immediately on the date of the Notice to Proceed. Attached is a sample of a Notice to Proceed. The amount of liquidated damages to be paid by the Contractor for failure to complete the work by the completion date (as extended, if applicable) shall be One Thousand Dollars ($1,000) for each calendar day, continuing to the time at which the work is completed. Such amount is the actual cash value agreed upon as the loss to the City resulting from the default of the Contractor.

By signing, it is also understood that all labor compliance requirements must be met by all contractors, sub-contractors, and sub-tier contractors before any payment can be made. Failure to meet the labor compliance requirements will result in your pay request or invoice being rejected. No payment shall be made by the City until full compliance has been met. Partial payments/partial withholdings will not be authorized. Work under these Special Provisions shall be performed by qualified personnel experienced in work described herein. The Contractor and/or its subcontractor shall possess current and active licenses issued by the California Contractors State License Board for General A the time of the bid submittal and throughout the construction period. Any cited violations or pending violation investigations by the California Contractors State Licensing Board within three years prior to the date of the bid submittal shall be fully disclosed in the bid.

CLASS GENERAL A LICENSE #_______________________

Name:_________________________________________________________________________________

Address:______________________________________________________________________________

Issue Date:_______________________ Expiration Date:_______________________________

CLASS C27 LICENSE #_______________________

Name:_________________________________________________________________________________

Address:______________________________________________________________________________

Issue Date:_______________________ Expiration Date:_______________________________

DETERMINATION OF LOW BIDDER

The determination of the low bidder will be based on the base bid and all additives, if any. However, the contract award may not include any of the additives. The City reserves the right to select which additives, if any, to include in the contract award in addition to the base bid work. If an additive is an alternative to a bid item and the additive is to be awarded, the contract amount will be based on the additive price instead of the base bid item price. In determining the amount bid by each bidder, the City may disregard mathematical errors in addition, subtraction, multiplication, and division that appear obvious on the face of the Proposal. When such a mathematical error appears on the face of the Proposal, the City shall have the right to correct such error and to compute the total amount bid by said bidder on the basis of the corrected figure or figures. The City Council may reject any and all bids and waive any informalities or minor irregularities in the bids. When an item price is required to be set forth in the Proposal, and the total for the item set forth separately does not agree with a figure which is derived by multiplying the item price times the Engineer's estimate of the quantity of work to be performed for said item, the item price shall prevail over the sum set forth as the total for the item unless, in the sole discretion of the City, such a procedure would be inconsistent with the policy of the bidding procedure. The total paid for each such item of work shall be based upon the item price and not the total price. Should the Proposal contain only total price for the item and the item price is omitted, the City shall determine the item price by dividing the total price for the item by the Engineer's estimate of the estimated quantities of work to be performed as items of work. If the Proposal contains neither the item price nor the total price for the item, then it shall be deemed incomplete and the Proposal shall be deemed non-responsive. The undersigned has examined the location of the proposed Work, the local conditions at the place where the Work is to be done, is familiar with the Contract Documents and is familiar and expressly agrees to the liquidated damages provision of the Contract Documents.

The undersigned has checked carefully all of the foregoing figures and understands that the City of Sacramento will not be responsible for any errors or omissions on the part of the undersigned in making up this Bid Proposal.

CONTRACTOR TO COMPLETE…